The Business Litigation Blog

What is Commercial Litigation?

Thursday, May 28, 2015

Commercial litigation is a very broad field of law, encompassing
any type of litigation that involves business issues, usually
between businesses, but not always. Commercial litigation is
a burgeoning field of law, its growth spurred by the current trend
of booming at-home businesses, new small businesses, and
diversification of existing businesses. The types of issues
that can be found are as diverse as the many types of businesses
that are out there. Below, we will give a brief overview of a
few of the areas that are frequent issues of concern in commercial
litigation.

Intellectual Property Litigation

The intellectual properties developed are the lifeblood of many
businesses. The copyrights, trademarks and patents obtained
by companies for their products and processes are often worth
millions of dollars and, in many instances, the main revenue source
that keeps companies afloat. Securing the intellectual
property through government mandated processes like the patent
process is one source of intellectual property litigation.
Another source, much in the news lately, is defending or
prosecuting cases brought when there is a question of infringement
raised. A great example of this would be the
protracted litigation between Apple and Samsung in courts all
over the world where Apple claimed Samsung had stolen technology
regarding the design of smart phones and tablets. Billions of
dollars of damages were claimed and both parties won some of the
cases and lost some of the cases.

Corporate and LLC Litigation

Everyone can have a corporation or an LLC. Duties are owed
as a matter of law, whatever the entity. There are many areas
of conflict possible under the umbrella of corporate litigation,
including topics such as non-compete agreements, non-disclosure
agreements, corporate mergers and acquisitions, management and
corporate control disputes (shareholder disputes; LLC member
controversies) and employment agreements. Just because many
of the corporations created today are smaller than in the past does
not mean that they are immune to the same issues that plagued (and
still plague) mega-corporations.

Franchise Litigation

Some of the most popular restaurants in the country started out
as single locations. Through franchise agreements, new restaurant
chains are being built across the country. There is a huge
amount of legal wrangling inherent in both creating franchises to
sell and in purchasing and maintaining one. Of course, there
are franchises in existence other than restaurants. The
investment and potential payoffs are enormous. Franchise
agreements are complex legal documents that control everything from
where fixtures are placed to what the operating hours of the
business are. Litigation may arise where violations of the
franchise agreement are alleged. Typical allegations include
lack of support from the franchisor, franchisee use of unapproved
suppliers, and more.

The world of commercial litigation is very complex and the
examples above are just a fraction of possible topics. If you
are in the Chicago area and find your business in a position where
you are facing commercial litigation, you need to be represented by
a law firm that has experience navigating the complexities of the
law.

The experienced professionals at the Patterson Law Firm have the
ability to guide your business towards success during this
process. Give us a call today at (855) 875-3552 to begin a
relationship that will help your business achieve its goals in the
uncertain arena of business litigation.

This entry was written by The Patterson Law Firm,
posted on Thursday, May 28, 2015
Bookmark the permalink.